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Tuesday, February 21, 2012

PENSION RULES

TERMS USED IN
THE PENSION RULES EXPLANATION:

9.1 The various terms used in the pension
rules are explained below:

(i)
Age.
When a Government Servant is required to retirement, or cease to be on leave,
on attaining a specified age, the day on which he attains that age is reckoned
as a non-working day, and the Government servant must retire, revert, or cease
to be on leave (as
the case may be) with effect from and including that day (Art. 14 CSRs).

(ii)
Family.
The 'family' for the purpose of entitlement of gratuity/ pension benefits under
the Pensioncum Gratuity Scheme includes the following relatives of the
Government Servant:

(a) wife or
wives, in the case of a male Government servant (unless there is a judicial
separation wife continues to be a member of the Government servant's family
irrespective of the fact whether she has been living with him or not);

(b) husband,
in the case of female Government servant (a female Government servant can
exclude her husband from being a member of her family);

(c) children
of the Government servant;

(d) widow or
widows and children of a deceased son of the Government servant Pension-cum-Gratuity
Scheme 1954)

(iii)
Foreign Service.
Means, service in which a Government servant receives his substantive pay with
the sanction of Government from any source other than the revenue of the
Government of Pakistan or of a Province or the Railway Fund (Art. 27 C.S.Rs).

(iv)
General Revenue.
For the purposes of pension include Provincial Revenues. (Art. 28 C.S.Rs)

(v)
Local Fund.
The expression 'Local Fund' denotes:

(a) revenue
administered by bodies which by law come under the control of the Government
whether in regard to the proceedings generally or to specific matters such as
the sanctioning of their budgets, sanction to the creation or filling up of
particular appointments, the enactment of leave, pension or similar rules;

(b) the revenues of
any body which may be specially notified by the Government as such. (Art. 33
C.S.Rs)

(vi)No Demand Certificate. Means a
certificate by the Department concerned that all the dues against the retiring
Government servant up to the date of retirement have been realized and nothing
is now outstanding against him. Such a certificate is also required to be
obtained from the Estate Office concerned.

(vii)Pension. a periodical payment made
by Government in consideration of past services rendered by a Government
servant.Except when the term "Pension" is used in contradistinction
to Gratuity "Pension" includes Gratuity. (Art. 41 C.S.Rs)

(viii)
Rule of Proportions.
Pension is chargeable according to the "Rule of Proportions" when the
charge is debitable to several accounts in the proportions in which, the
aggregate pay drawn by the Government servant during the whole of his qualifying
service has been paid from them. (Art. 45 C.S.Rs)

CLASSIFICATION
OF PENSION:

9.2 Compensation Pension.(a) If a Government
servant is selected for discharge owing to the abolition of a permanent post,
he shall, unless he is appointed to another post, the conditions of which are
deemed by authority competent to discharge him to be at least equal to those of
his own, have the option:

(i) of taking any
compensation pension or gratuity to which he may be entitled for the service he
has already rendered, or

(ii) of accepting
another appointment or transfer to another establishment even on a lower pay,
if offered, and continuing to count his previous service for pension.

Note. Government servant cannot refuse
offer of alternate employment.

(b) A Government
servant not employed in a substantive permanent capacity is granted
Compensation Gratuity/Pension if he is discharged aftercompleting qualifying
service of 10/25 years or more owing to the abolition of his post or is
replaced by a "qualified" candidate.

[Finance Division O.M No OB-2/12/63-Imp
(I) dated 18-8-1966].

9.3 Invalid Pension. (a) An invalid
pension is awarded, on his retirement from the public service, to a Government
servant who by bodily or mental infirmity is permanently incapacitated for the
public service, or for the particular branch of it to which he belongs. The
infirmity has, however, to be certified by a duly constituted Medical Board.

(b) If a
temporary Government servant is retired for inefficiency due to mental or
physical infirmity he shall be allowed pensionary benefits as if he was
required to retire in terms of Rule 10-A, of the Fundamental Rules.

(c) In case an
officer dies before his retirement, his pension is calculated, as if he was
retired on Invalid Pension on the date following the date of his death. (Pension-cum
Gratuity Scheme, 1954)

9.4 Superannuation Pension. A
superannuation pension is granted to a Government servant who is entitled or
compelled, by rule, to retire at a particular age. (Art. 458 C.S.Rs)

In terms of Civil
Servants (Amendment) Act, 1976 a civil servant is required to retire on
completion of 60 years of age.

9.5 Retiring Pension.(i) A retiring
pension is granted to a Government servant who is permitted to retire after
completing qualifying service of 25 years.Such a pension is also granted to
Government servant who is required by Government to retire after completing
twenty five years qualifying service or more.

(ii) Subject to
provisions of Essential Services (Maintenance) Act, 1952, a Government servant
other than a Government servant against whom a departmental proceeding is
pending has the right to retire from service after completion of 25 years
qualifying service. Such a Government servant shall, at least three months
before the date on which he intends to retire, be required to submit a written
intimation to the authority competent to fill the appointment by him at the
time of submitting that intimation indicating the date on which he intends to
retire. Such intimation, once submitted shall be final and shall not be allowed
to be modified or withdrawn. However, before formal acceptance of the request
he may, if so, desired, withdraw his application for premature retirement.

(iii) Government has
the right to retire any Government servant after he has completed 25 years
qualifying service.

[Finance
Division O. M. No. OB-2/l2/63-Imp (l) dated 18-8-I966].

(iv) The term
retirement used in Section 19(1) of the Civil Servants Act, 1973 includes
"Compulsory Retirement" under the Government servants (Efficiency
& Discipline) Rules, 1973.

(v) In case of
voluntary retirement of Government servants the Heads of Departments are
responsible for ensuring verification of qualifying service by the Audit within
one month from the date of receipt of application for voluntary retirement
after 25 years qualifying service. If the qualifying service comes out to be
less than 25 years, the Government servant will have to continue in service
till he completes that length of service. The fact of the shortfall in the
qualifying service should be pointed out by the Head of the Department to the
Government servant concerned before the expiry of the three months notice
period.

(vi) The requests for voluntary
retirement on completion of 25 years qualifying service should be submitted to
the competent authorities mentioned below:--

Category of Officers

Authority competent to accept request for retirement

B-21 and above.

Prime Minister.The summary
after the approval by the Minister concerned is to be submitted through the
Establishment Division.

B-17to20.

Secretary of the Ministry/Division,
which administratively controls the cadre or department to which the post belongs.

B-16.

Head of Department.

B-l to 15.

Head of Department or Head of
Office.

9.6 Conditions
of qualifying service (i) Unless it be otherwise provided by special rule or
contract, the service of an officer begins to qualify for pension from the date
he takes charge of the office to which he is first appointed.

(ii) The service
must be under Government. A Government servant does not qualify his service for
pension unless he is appointed and his duties and pay are regulated by the
Government. (Arts. 361,362 C.S.Rs)

(iii) The employment must be substantive and
permanent. (Arts 361,368 C.S.Rs)

(iv) A Government servant not employed in a
substantive permanent capacity who has rendered more than 5 years continuous
temporary service counts such service for the purpose of pension or gratuity
excluding broken periods of service, if any, rendered previously. Temporary and
officiating service of less than five years immediately followed by
confirmation is also count for pension or gratuity as the case may be. (Art.
371-A C.S.Rs)

(v) Only the service paid from the General
Revenues qualifies for pension. Foreign Service also counts for pension
provided the pension contribution was paid as required under the rules. The
effective service rendered by a Government servant in an autonomous or
semi-autonomous body, in a post appointment to which is, by law, required to be
made, and the salary of which is required to be fixed by the Federal Government
or a Provincial Government is treated as effective service rendered in a post
in Government service.

(vi) The continuous service rendered by
contingency paid staff prior to their being brought on the regular
establishment, from 1st October, 1957, will count in full and continuous
service before that date to count in half for purpose of pension.

[Finance Division O. M. No. F-3(12) Reg.
6/72, dated 2-4-1975].

(vii) Civil employees who, prior to their
civil employment, have rendered whole time satisfactory paid, enlisted or
commissioned service including service rendered as a cadet in a Military
Training School between the 3rd September, 1939 and the 31st March, 1946 in His
Majesty's forces which did not earn a service pension and who have been
appointed in a civil pensionable post on or before the 18th July, 1949 are
allowed to count the completed years of such service up to a maximum of five
years, for the purpose of civil pension.[Article
357-AA C.S.Rs Finance Division Notification No F. 24(8)-Rs (3)/70 dated 10-12-1970].

(viii) All periods of leave, other than
extraordinary leave, count as service qualifying for pension. (Art. 407 C.S.Rs)

(ix) The period of suspension followed by
reinstatement or superannuation count towards qualifying service for pension.

(x) In case where a Government servant is
compulsory retired following a period of suspension ordered under Government
Servants (Efficiency and Discipline) Rules, 1973 pension or gratuity is
admissible only for the period of service rendered excluding the period of
suspension.

(xi) Resignation of the public service,
dismissal or removal on account of misconduct, insolvency or inefficiency or
failure to pass an examination entails forfeiture of past service. Subject to
any order of the President made on compassionate grounds a Government servant
who is removed or dismissed shall not be entitled to any compensation pension,
gratuity or benefit accruing from Government contribution to a contributory
provident fund. Resignation of an appointment to take up another appointment in
which the service counts for pension is not a resignation of the public service
for the purpose of pension. (Art. 418 C.S.Rs)

(xii) Any
interruption in the service of an officer entails forfeiture of his past service.
The authorised leave of absence, suspension immediately followed by
reinstatement and time occupied in transit from one appointment to another are
not treated as interruption for the purpose of qualifying service. (Art. 420
C.S.Rs)

9.7 Condonation of interruption and deficiencies.
(i)
Upon such conditions as it may think fit in each case to impose, the authority
competent to fill the appointment held by a Government servant at the time
condonation is applied for, where he to vacate that appointment, may condone
all interruptions in his service, provided such interruption is not due to any
fault or wilful act of the Government servant, like unauthorised absence,
resignation or removal from service. This power, however, cannot be exercised
to condone breaks in temporary and officiating service specifically excluded
from the category of qualifying service under Article 371-A C. S. Rs.
Interruptions due to removal on account of reduction and retrenchment of a post
should be deemed to have been condoned. [Art 422 C. S. Rs read with Finance
Division O.M No. F. 5(1) Reg (6)/77 dated 24-2-1977].

(ii) A deficiency of
a period not exceeding six months in the qualifying service of a Government
servant shall be deemed to have been condoned automatically. The authority
competent to sanction pension may condone a deficiency of more than six months
but less than a year, subject to the following conditions:

(a)
the
Government servant has died while in service or has retired under circumstances
beyond his control, such as on invalidation or abolition of his post, and would
have completed another year of qualifying service; if he had not died or
retired.

(b) the service
rendered by him had been meritorious,

(iii) A deficiency of
full one year or more cannot be condoned.

(iv) These
provisions will not apply to Government Servants who have rendered less than five
years continuous service.

(ix) Any other
addition to pay which may specifically be declared by President as emoluments
reckoning for pension.

[Finance Division O. M. No. F. 4(4)-Reg.
(6)/74, dated 8-12-1972].

(x) The emoluments
or pay drawn by a Government servant who is transferred on foreign service in
an autonomous or semiautonomous body, in a post appointment to which is by law,
required to be made and the salary which is required to be fixed, by the
Federal Government or a Provincial Government are treated as emoluments or pay drawn
in a post in Government service. [Art.486 C.S.Rs, Finance Division Notification
No F. 4(4) Rs/68
dated 30-1-1971].

(xi) For the
purposes of calculation of emoluments in respect of civil servants posted
abroad during the period of last three years or a portion thereof the Dearness
Allowance and Senior Post Allowance, which they would have drawn in Pakistan, but
for their posting abroad should be taken into account and included in the term
emoluments on notional basis.

9.9 Average Emoluments.(i) The term
'average emoluments' means the average calculated upon the last 12 months of
service. However, if the pay of a Government servant has been reduced otherwise
than as penalty under the Government Servants (Efficiency and Discipline) Rules
average for the purpose of pension may, at the option of the pensioner, be
calculated on the basis of the emoluments drawn or which would have been drawn,
during the last 3 years of service [Art. 487 C.S.R. read with Finance Division
O.M. No. 6(9)-Reg. (6)/78 dated 15-2-1979 and 16-6-1979]

(ii) If during the
last twelve months or three years of his service a Government servant has been
absent from duty on leave with allowance, or having been suspended, has been
reinstated without forfeiture of service, his emoluments, for the purpose of
ascertaining the average, should be taken into account at what they would have
been had he not been absent from duty or suspended. If during the last twelve
months or three years of his service, a Government servant has been absent from
duty on leave without allowance (not counting for pension) or there was
suspension without reinstatement the period so passed should be disregarded in
the calculation of the average and equal period before the twelve months or
three years included. (Art. 487 CSRs)

(iii) If during the
last twelve months or three years of his service an officer's pay has been
refixed as a result of revision or upgradation of the scale of the post held by
him with retrospective effect, but arrears have not been allowed nor recoveries
made in respect of the past period, his emoluments for the purpose of
calculating the average, should be taken, as what they would have been if the arrears
would not have been disallowed or the recoveries would have been made. [Art.
487-I-A of C. S. Rs vide Finance Division O.M. No F 4(4) Reg
(6)/74, dated 8-12-1972]

AMOUNT
OF PENSION:

9.10 (a) The amount of pension that may be
granted to a Government servant is determined by the length of service.Fractions
of a year are not taken into account in the calculation of any pension
admissible to a Government servant. The full pension admissible under the rules
is not given as a matter of course. The service rendered should be really
approved. If the service has not been thoroughly satisfactory, the authority
sanctioning the pension should make such reduction in the amount as it thinks
proper. [Art. 470 C.S.Rs]

“Note-1 The amount of any pension shall
not be reduced under this Article without affording to the person entitled to
it, by means of a notice in writing an opportunity to show cause against the
proposed reduction."

“Note-2 A Government servant compulsory
retired under the Government Servants (Efficiency and Discipline) Rules, 1973,
shall be entitled to pension or gratuity as admissible under normal rules and
the certificate of 'thoroughly satisfactory service' is not required in his
case."

(b)If a Government
servant employed in a substantive and permanent capacity in pensionable service
retires or is selected for discharge owing to the abolition of his permanent
post after completing qualifying service of 5 years but less than 10 years, he
may be granted a gratuity not exceeding one month emoluments for each completed
year of qualifying service. If such a Government servant has completed qualifying
service of 10 years or more at the time of his retirement or discharge, as the
case may be, he may be granted the ordinary pension.

(c)Temporary
Government servants who retire from service in the usual course, i.e., on
attaining the age of superannuation or on being declared incapacitated for
further service or who elect to retire after completion of 25 years qualifying
service, are treated at par with permanent Government servants and as such are
entitled to gratuity or pension as the case may be in accordance with (b)
above. If, however, a temporary Government servant is discharged from service
owing to the abolition of his post or replacement by a 'qualified' candidate he
is entitled to an ordinary pension on completion of qualifying service of 25 years
or more and to a gratuity not exceeding one month's emoluments for each
completed year of qualifying service subject to a maximum of Rs. 50, 000 on
completion of 10 years but less than 25 years qualifying service. No gratuity
or pension is admissible to such temporary Government servants, who at the time
of discharge have rendered service of less than 10 years.

(d) The amount of
pension of a Government servant who has the right to retire on a retiring
pension should not be less than the amount to which he would have been entitled
if he had exercised this right, notwithstanding the fact that the emoluments
may be reduced by reason of his appointment to another post carrying lower pay,
otherwise than as a penalty.

[Finance Division No OB-2/12/63-lmp (I),
Pt. dated 28-7-1970].

RATES
AND SCALE OF PENSION:

9.11 (i) Pension is calculated at the rate of
70% of average emolument's on completion of 30 years qualifying service. Where
qualifying service is less than 30 years but not less than 10 years
proportionate reduction in percentage is made. In case of employees joining
service on 1-7-1986
or later the pension will be calculated on the basis of 'Emoluments'. The
existing employees retiring on or after 1-7-1986 have option to get their pension calculated on
the basis of 'Emoluments' provided the post held by them was on a regular
basis. If any such employee was in receipt of special pay for holding current
charge of higher post or full additional charge of an equivalent post, the
special pay will be divided by twelve months in terms of CSRs 486. This average
will be added to the emoluments. The pension table regulating all the four
pensions namely Compensation Pension, Superannuation Pension, Invalid Pension
and Retiring Pension is as under:-

Completed
year of qualifying service

Scale
of pension expressed as fraction of average emolument/emoluments

10

70/300

11

77/300

12

84/300

13

91/300

14

98/300

15

105/300

16

112/300

17

119/300

18

126/300

19

133/300

20

140/300

21

147/300

22

154/300

23

161/300

24

168/300

25

175/300

26

182/300

27

189/300

28

196/300

29

203/300

30 and above

210/300

Note. 1. In calculating pension or restoring
commentated portion there of fraction of a rupee, which is less than fifty
paisas is ignored and that of fifty paisa and more will count as one Rupee.

2. The Civil servant retiring on or
after 1-7-1986
would be allowed benefit in pension to the extent of 2% of his gross pension
for each extra year of service rendered by him beyond 30 years of qualifying
service subject to a maximum of 10% of his gross pension.

[Finance Division O. M. No. F. 11(2)
Reg. (6)/86 dated 1-7-1986],

(ii) If for a
pensioner with qualifying service of 30 years or more the amount of a pension
calculated under sub-para (i) falls short of the amount of pension (inclusive
of dearness increases) that would have been admissible under the existing
rules, or exceeds it by less than Rs. 45, the amount under the revised formula
be so increased as to make such difference one of Rs. 45. Where qualifying service
is less than 30 years but not less than 10 years proportionate reduction at the
rate of Rs. 1.50 for each year short of 30 years should be made while working
out the amount of minimum increase mentioned above. The various adhoc icreases
sanctioned from time to time were as under:-

Maximum

Date of effect

(i) Ad hoc icreases 15% upto Rs. 530.

Rs. 30

1-6-1973

(ii) Dearness Increase 15% upto Rs.
735.

Rs. 30

1-8-1973

(iii) Special Dearness 15%

Rs. 100

8-6-1974

(iv) Additional Increase 10%

Rs. 25

7-4-1975

(iii) The pension of
persons retiring on or after 1-2-1977 is to be calculated in terms of sub-para (i) or
(ii) independently in order to determine which of the two is beneficial to the
pensionser.

(iv) The term
‘emoluments’ i.e. pensionable pay will also include dearness allowances
sanctioned from time to time for purpose of calculation under sub-para (i).

(v) On the pensions
sanctioned under these orders such dearness increases in pensions would not be
admissible as were sanctioned before 1st February, 1977.

(vi) Commutation is
not subject to medical certificate if it is asked for within one year of the
date of retirement. This is not applicable to cases of invalid pension.

(vii) No gross
pension of a retired Government employee would be less than Rs.300 P.M. w.e.f.
1st July, 1988 the term “gross pension” would mean gross pension
before commutation and/or surrender of 1/4th thereof plus any
dearness/ad hoc increase and indexations sanctioned from time to time.Similarly
the Family Pension would not be less than Rs. 150 P.M..The Family Pension would
mean pension plus dearness/ad hoc increases and indexations allowed from time
to time.

[Finance Division O.M No F 9(12)-Reg (6)/88(A)
of 1st July, 1988]

FAMILY
PENSION:

9.12 (i) In the case of death of a civil servant
while in service gratuity in lieu of one fourth of the gross pension will be
allowed. The rate of gratuity as from 1-7-1986 would be determined on the basis of age next
birthday of the deceased civil servant in accordance with the new Commutation
Table. In addition, family pension will be admissible at 50% of the gross
pension to the widow for her life or till her remarriage. In the case of death
of widow the family pension will be admissible to the sons, if any, until they
attain the age of 21 years and the unmarried daughters if any, until they are
married or attain the age of 21 years, whichever is earlier.The entitlement of
family pension to the eligible members of family other than widow will be for a
period of ten years or un expired period of ten years.

(ii) In the case
of death of a pensioner after retirement family pension at 50% of the pension
(net, or gross, as the case may be), will be admissible to the widow or sons or
daughters as in (i) above.

PENSION-CUM-GRATUITY SCHEME 1954:

9.13 In accordance with the provisions of
Pension-cum-Gratuity Scheme, the payment of pension/gratuity or both is
regulated as under: -

(i) A Government
servant who has rendered five years qualifying service or more but less than
ten years qualifying service may be granted a gratuity not exceeding one month’s
emoluments for each completed year of qualifying service. In case of
invalidation and death the rate will be 1-1/2 month’s pay for each completed
year of service. This amount will be paid to him at the time of his retirement
or to his family in the event of his death while in service. In this case no
pension is admissible.

(ii) In case a
Government servant dies before his retirement, his pension is calculated, as if
he retired on invalid pension on the date following the day of his death, and
his family will be paid the gratuity calculated on the basis of the formula at
Para 9.12 above. In addition the family will also be entitled to a monthly
Family Pension at 50% of the full amount of pension. The widow will be entitled
to the family pension for the life or till her remarriage. In the case of death
of widow, the family pension will be admissible to the sons, if any, until they
attain the age of 21 years and the unmarried daughters if any, until they are
married or attain the age of 21 years, whichever is earlier for a period of ten
years or un expired period of ten years.

[Finance Division O.M No F. 12(13) Reg
(6)/82(A), dated 18-8-1983]

(iii)
Where
a pensioner dies after his retirement family pension at the rate of 50% of the
pension (net or gross), as the case may be will be paid to the widow or sons or
daughters as in (ii) above.

(iv) The commutation
will be allowed upto 1/2 of the full pension

(v) The family for
the purpose of payment of death-cum-retirement gratuity/pension includes the
following relations of the Government servant: -

(a) Wife or wives
in the case of male Government servant. (Unless there is a judicial separation
wife continues to be a member of the Government servant's family irrespective
of the fact whether she is living with him or not).

(b) Husband in the
case of a female Government servant (A female Government servant can exclude
her husband from being a member of her family). He will be entitled to the Family
Pension only for ten years.

(c) Legitimate
children of the Government servant.

(d) Widow or widows
and children or deceased son of Government servant.

9.14 On completion of five years
qualifying service by him every Government servant should make a nomination in
Form "A' or 'B' conferring on one or more persons the right to receive the
gratuity in the event of his death. If the nomination is in respect of more
than one person then their relative shares should also be specified. The
nomination can be cancelled or changed at any time. The nomination should be
sent to the audit officer in respect of the employees of BPS 16 and above and
to the Head of Office in respect of officials’ upto
BPS 16.

9.15 When the amount of gratuity
becomes payable to the family of the Government servant, the payment is made
according to the following procedure: -

(a) The amount
of gratuity is paid to the nominee or the nominees in accordance with the
specified share.

(b) Where a
valid nomination was not in existence or the full amount was not covered by the
nomination, the amount of gratuity will be paid in equal shares to the members
of the family with the exception of sons, unmarried daughters, grandsons and
grand daughters who have attained the age of 21 years and married daughters and
grand-daughters whose husbands are alive. The share of the widow/ widows and
children of a deceased son will, however, be limited to that as would have been
admissible to the son, had he not died.

9.16 In cases where a Government servant
does not leave any family as mentioned above, the gratuity will be paid in
equal shares to his brothers and unmarried sisters below the age of 21 years,
widowed sisters, father and mother.No Gratuity is, however, payable at all if government
servant does not leave any family or eligible dependent relatives as specified
above.

9.17 (i) The family pension, in the event of
death of Government servant, will be payable to the members of his family or to
his dependent relatives in the following order, i. e. the title will pass from
one to the next in the event of former having died or became otherwise
ineligible: -

(a) Widow of the
deceased, if he was a male Government servant or to the husband of deceased, if
she was female. If the Government servant had more than one wife, but the total
number of surviving widows and children does not exceed four, the pension is
divided in equal shares among the widows and children (excluding sons
and,daughters above the age of 21 years and the married daughters); where the
number of surviving widows and children is more than four; the pension will be
divided in such a way that each surviving widow should get 1/4th of pension and
the balance if any, will be divided equally amongst the surviving children
(excluding the sons above the age of 21 years and married daughters).

(b) Eldest
surviving son upto the age of 21 years.

(c) Eldest
surviving unmarried daughter till her marriage; if the eldest daughter marries
or dies the next eldest daughter till her marriage].

(d) Eldest
widowed daughter.

(e) Eldest
widow of a deceased son of the Government servant.

(f) Eldest
surviving son upto the age of 21 years of a deceased son of the Government
servant.

(g) Eldest
surviving unmarried daughter upto the age of 21 years of a deceased son of the
Government servant.

(h) Eldest widowed
daughter of a deceased son of the Government servant.

(ii) If the pension
was not payable to any member of family as detailed above, it is payable in the
following order:-

Father, mother,
eldest surviving brother upto the age of 21 years, eldest surviving unmarried
sister upto the age of 21 years and eldest surviving widowed sister

(iii) The pension to
the above persons will be payable if it is proved that such person was
dependent on the deceased Government servant for support. The pension will
cease to be payable as soon as a female gets married or remarried or a brother;
unmarried sister attains 21 years of age.

(iv) The pension
will be payable to one member at a time. When it is not, payable to him/her on
account of his/her death or due to the reasons as stated above, the pension
will be paid to the next claimant in the order of eligibility.

(v) Where
gratuity/pension is payable to minor or minors payment is made to the regularly
appointed Manager or Guardian. Where there is no guardian, the sanctioning
authority may allow the payment to their mother. In case the mother is not
alive or was judicially separated from the Government servant in his life time,
the sanctioning authority may nominate any suitable person to be the guardian
for the purpose. For female Government servant, the payment can be made to the
father of minor children.

(vi) If an employee
remains missing or unheard of for a period of seven years to the satisfaction
of the Department concerned, family pension may be allowed to his heirs as provided
in the rules.[Ministry
of Finance O.M No 5(1) Reg. 6/87 dated 4-3-1987.]

NOMINATION
FOR DEATH-CUM-RETIREMENT GRATUITY

FORM 'A'

9.18

When the
Government servant has family and wishes to nominate one member thereof.

I hereby
nominate the person mentioned below, who is a member of my family and confer on
him the right to receive any gratuity that may be sanctioned by the Government
in the event of my death while in service and the right to receive on my death
any gratuity which having become admissible to me on retirement may remain
unpaid at my death:

Name
and address of nominee

Relationship
withnominee

Age

Contingencies
on the happening of which thenomination
shall become invalid

Name
and relationship of the person if any to whom the right conferred on the
nominee shall pass in the event of the nominee pre-deceasing the Government
servant

When the
Government servant has a family and wishes to nominate more than one member
thereof

I hereby
nominate the persons mentioned below, who are members of my family, and confer
on them the right to receive, to the extent specified below, any gratuity that
may be sanctioned by the Government in theevent of my death while in service
and the right to receive on my death, to the extent specified below, any
gratuity which having become admissible to me on retirement may remain unpaid
at my death:

9.20 The pensions of all the civil
pensioners of the Federal Government are to be indexed in relation to the cost
of living at the rales specified from time to time. The concession would be
admissible to all the existing pensioners w. e. J. 1st July, 1985 and to all pensioners retiring
on or alter that dale. The pension admissible at any time will be the pension
due under the normal rules multiplied by the index applicable from time to
time.

9.21 For the purpose of indexation the
term pension would mean gross' pension, i. e. pension before commutation and/or
surrendered of one fourth thereof including any dearness/ad hoc increases in
pension sanctioned from time to time.

COMMUTATION OF PENSION:

9.22 A Government servant is
entitled to commute for a lump payment any portion, not exceeding 1/2 of
pension excluding the indexed amount of pension which has been or may be
granted to him.

9.23 The application for
commutation should be addressed to the sanctioing authority. On receipt of the
application the sanctioning authority will transmit to the applicant a copy of
the Accounts Officer's Certificate of the lumpsum to be paid on commutation,
and direct him to appear for examination before a medical authority to be
prescribed by the sanctioning authority. The applicant must appear before the
medical authority within 3 months of the dale of orders of the sanctioning
authority. This intimation will be treated as administrative sanction for commutation,
but will lapse if the medical examination is not held within the prescribed
period. If the applicant does not appear before the medical authority within
the prescribed period, the sanctioning authority may, at its discretion, renew
the administrative sanction for a further period of three months. The applicant
can withdraw his application by written notice dispatched at any time before
medical examination, but this option will expire on the appearance before a
medical authority.

9.24 The commutation will become
absolute i. e., the title to receive the commuted portion of pension will cease
and the title to receive the commuted value will accrue, on the date on which
the Medical Board signs the medical certificate. Whatever the date of actual
payment, the amount paid and the effect upon the pension will be the same as if
the commuted value was paid on the date on which the commutation became
absolute. If the pensioner died on or after the day following that on which
commutation became absolute, but before receiving the commutation value, this
value will be paid to his heirs.

9.25 Commutation is not
subject to medical certificate or to administrative sanction if it is asked for
within one year of the date of retirement. The date of application by the retired
civil servant, in such a case, will be the date of commutation becoming
absolute. Where commutation is applied for before retirement the commutation
will become absolute on the date of retirement. A civil servant retiring on or
after 1-7-1986
after attaining the age of 60 years will be allowed commuted value of pension
as applicable to age of sixty years instead
of the age of 61 years, if he applies for commutation while in service.

9.26 In the case of provisional
pension, the commutation may be provisionally sanctioned on that basis. When
the pension is finally sanctioned, the final payment order should be
substituted for the provisional payment order for purpose of commutation as
also for all other purposes. In the case of premature retirement on medical
grounds the requirement of medical examination will not be waived.

COMMUTATION
TABLE:

9.27 The lumpsum
payable on commutation is to be calculated in accordance with the following
table:

Age
next birthday

Number
of years purchased

Age
next birthday

Number
of years purchased

Age
next birthday

Number
of years purchased

20

50. 6304

41

30. 8007

62

14. 2105

21

49. 6676

42

29. 8907

63

13. 6090

22

48. 7066

43

28. 9800

64

13. 0239

23

47. 7467

44

28. 0891

65

12. 4549

24

46. 7884

45

27. 1990

66

11. 9017

25

45. 8314

46

26. 3172

67

11. 3643

26

44. 8758

47

25. 4444

68

10. 8428

27

43. 9215

48

24. 5816

69

10. 3371

28

42. 9688

49

23. 7301

70

9. 8472

29

42. 0179

50

22. 8911

71

9. 3729

30

41. 0089

51

22. 0658

72

8. 9142

31

40. 1218

52

21. 2563

73

8. 4708

32

39. 1767

53

20. 4638

74

8. 0427

33

38. 2336

54

19. 6896

75

7. 6299

34

37. 2929

55

18. 9348

76

7. 2322

35

36. 3551

56

18. 2002

77

6. 8496

36

35. 4203

57

17. 4860

78

6. 4818

37

34. 4885

58

16. 7925

79

6. 1287

38

33. 5603

59

16. 1191

80

5. 7901

39

32. 6361

60

15. 4649

40

31. 7160

61

14. 8290

9.28 Ministries/Divisions etc., should ensure
that while approaching the medical authorities for constituting medical boards,
relevant papers etc., are sent to them complete in all respects, well in
advance of the next date of birth of the Government servant concerned.

9.29 The commuted amount of pension equal to
1/4th of the gross amount of pension shall be restored on completion
of the number of years for which commuted value was paid. In restoring the
commuted portion of pension fraction of a year shown in the commutation table
which is less than six months will be ignored and that of six months and more
will count as one year.

[Ministry of Finance O.M No F.10 (8)
Reg. (6)/85, dated 25-6-1985]

9.30 No further commutation will be
permissible on the commuted portion of the pension restored.

9.31 (a) When a government servant is likely to
retire before his pension can be finally assessed and settled action should be
taken for grant of anticipatory pension. For this purpose the sanctioning
authority should furnish tothe Audit Officer concerned with all the particulars
of services in respect of the retiring Government servant. The Audit Officer
should sanction the disbursement of pension to which after the most careful
summary investigation that he can make without delay, he believes the
Government servant to be entitled. Such disbursement should be made only after
the following declaration has been signed by the retiring Government servants:-

"Whereas
the (here state the designation of the officer sanctioning the advance) has
consented provisionally, to advance to me a pension of
Rs.................................per month and lumpsum gratuity of
Rs.................................. in anticipation of the completion of the enquiries
necessary to enable the Government to fix the amount of my pension and
gratuity, I hereby acknowledge that, in accepting this advance, I fully
understand that my pension and gratuity are subject to revision or the
completion of the necessary formal enquiries, and I promise to base no objection
to such revision on the ground that the provisional pension and gratuity now to
be paid to me exceeds the pension and gratuity to which I may be eventually
found entitled. I further promise to repay any amount advanced to me in excess
of the pension and gratuity to which I may be eventually found entitled.”(Art
922 C.S.Rs)

(b)
If
the Audit Officer considers it likely that the Government servant would be
entitled to a gratuity only, one-sixth of the amount of such probable gratuity
should, upon a similar declaration, be disbursed monthly until the amount is
finally settled.(Art. 923 C.S.Rs)

(c) The
payment of the anticipatory pension should be so arranged that it is not
delayed beyond the first day of the month following the month in which
Government servant is due to retire. (Art 924 C.S.Rs)

(d)
Administrative as well as audit and account authorities must exercise the power
to sanction anticipatory pension, whenever required, to avoid any delay in the
payment of pension.

9.32 If for any reason it is apprehended
that the pension payment order cannot be issued within the prescribed time in
the case of normal retirement, one month before retirement and in the case of
premature, voluntary or compulsory retirement or death, within three months of
the date of event a provisional order authorising payment of 80% of the
admissible pension may be issued by the competent authority without referring
the case to the audit office within one month of the expiry of the prescribed
time.

[Finance Division O. M. No. F. 5(1) Reg.
(6)/77 dated 24-2-19/7]

WOUNDS,
INJURIES AND EXTRAORDINARY
PENSION:

9.33 Where a Government servant is injured,
killed or dies of injuries received during the execution of public duty, a
pension or gratuity may be granted to him or to his family in accordance with
the following rules.

9.34Pension/Gratuity
for injury or death in course or consequence of duty. The classification of
disabilities and the criteria for determining their attributability to service
under the Central Civil Services (Extraordinary Pension), Rules is detailed in
Annexre, along with the rate and scale of disability/death pension and
gratuity.

ANNEXURE

Children's
pension

Class of injuny

Pension

Gratuity

Child without own
mother

Child with own
mother living

Disability Pension/Gratuity

A

20%
of pay subject to a maximum of Rs. 600 p.m. and a minimum of Rs. 100 p.m. (Note.After
death it will devolve on the widow.

6 months pay-

5% of pay, subject to a maximum of Rs. 100 and a
minimum of Rs. 50 per child.

2-1/2% of pay subject to a maximum of
Rs. 50 and a minimum of Rs. 25 per child.

B

15% of pay
subject to a maximum of Rs 450 and a minimum of Rs. 75 p.m

Nil

4% of pay subject to a maximum
of Rs 80 and minimum of Rs. 40 per child.

2% of pay subject to a maximum of Rs
40 and minimum of Rs.20 per child

C

Do

Nil

Nil

Nil

DEATH (SPECIAL FAMILY) PENSION/GRATUITY

20% of pay subject to a maximum of
Rs. 600 and a minimum of Rs100 p.m.

6 months pay.

5% of pay, subject to a maximum of
Rs. 100 and a minimum of Rs. 50 per child.

2-1/2% of pay subject to a maximum of
Rs. 50 and a minimum of Rs. 25 per child.

9.35 The pensions/gratuities mentioned in
this para will be in addition to the pensions and gratuities admissible under
the normal rules.

9.36 These rules will continue to be
applicable to the Government servants transferred to Foreign Service in Pakistan,
liability for any claim in this respect will be that of the foreign employer.

[Finance Division O. M. No. F. 2(3) Reg.
7/74, dated 31-5-1974].

PENSION
TO MEMBERS OF FORMER I.C.S.:

9.37 An officer of the former Indian Civil
Service who has been 25 years in the service and who has rendered 21 years
active service, will on his resignation being accepted, be entitled to an ordinary
pension of Rs. 13, 333.34 per annum. Such an officer will submit his
application for permission to resign the service and for a pension or gratuity
to the Government of Pakistan through the Provincial Government under which he
is employed at the time. If he is employed under a Ministry/Division of the
Government of Pakistan, the application should be sent through such
Ministry/Division. The Government of Pakistan will on receipt of the
application and after scrutiny sanction pension and send the application
together with the sanction to Accountant-General,
Pakistan
Revenues, who will issue Pension Payment Order.

9.38 As soon as an officer gives over
charge of his office the Accountant General, Pakistan Revenues, should furnish
the following information to the Government of Pakistan:

(1) Name of
officer.

(2)
Date on which he made over charge of his office.

(3)
The amount of leave granted, if any.

(4)
Date upto (and including) which leave allowance have been drawn.

(5)
What demands, if any, are outstanding against the officer?

The pension or
gratuity should be sanctioned subject to the recovery of the outstanding amount
if any.

9.39 All authorities dealing with
pension cases should bear in mind that delay in the payment of pensions
involves pecuniary hardship. The monthly income of a wage earner ceases at a
time when he may need money the most. So it is essential to ensure that a
retiring Government servant begins to receive his pension on the date on which
it becomes due. With this end in view, the procedure for preparation of pension
papers and sanction of pensions has been simplified. The most important factors
relevant to the determination of the amount of pension/gratuity are the length
of qualifying service rendered by a Government servant before retirement/death
and average emoluments. Information in both these respects is computed on the
basis of the information available in the History of Services/Service
Book/records of the Government servant concerned. The simplified procedures
themselves cannot bring about the desired results unless the authorities
concerned take effective steps to ensure that service record are kept
up-to-date and complete. In order to achieve this object the following measures
have to be adopted.

9.40 History Files: All
Divisions/Departments/Offices should maintain a History File of each B-16 &
above. This file should contain (a) Gazette Notification (b) Charge Report (c)
a separate Card or Booklet showing the date of Assumption and Relinquishment of
Charge of each post and emoluments drawn, and (d) Leave Account showing the
various kinds of leave taken by the officer from time to time. As soon as an
officer is transferred to another Department or Office, his 'History File' should
also move with him to the new Office or Department. The History File should be
shown to the officer concerned in January every year and his acknowledgement
obtained on it after settling any discrepancy that may be noticed.

9.41 History Files in respect of the
officers belonging to the occupational groups controlled by the Establishment
Division, e. g., DMG, OMG; Police
etc. shall be maintained by the Division/Department in which the officer is
appointed from time to time and not by the Establishment Division. When such an
officer is transferred to another office his History File should also be sent
to his new Department who will then be responsible to maintain it for so long
as he remains there.

9.42 History of Service: The Audit
offices should compile History of Services in respect of B-16 and above
regularly and keep them up-to-date.

9.43 Service Books: Service Books
in the prescribed form should be maintained in duplicate, in respect of all the
B-l to B-15 Government Servants. If the work justifies a whole time officer
should be exclusively designated for supervising maintenance of Service Books.
One copy of the Service Book should be kept in the custody of the head of the
office in which the Government servant is employed and transferred with him from
office to office. Every step in a Government servant's official life must be
recorded in his Service Book, and each entry must be attested. It should be
ensured that all entries are duly made and attested and that the Service Book
contains no erasures or over writings, all corrections being, neatly made and
properly attested. The second copy of the Service Book should be kept in the
custody of the Government servant concerned who should ensure that all entries
in his service book are recorded and attested in time. The Government servant
should in his own interest examine his Service Book occasionally in order to
see that it is not only properly maintained but the entries made therein are
complete in all respects. The head of the office should permit a Government
servant to examine his Service Book should he at any time desire to do so. For
the purpose of the grant of pension/gratuity, increment, etc.,to the Government
servants, only the original copy of the Service Book will be consulted, the
duplicate copy of the Service Book would serve as a means for completion of the
original Service Book or its reconstruction in the event of its being lost or
destroyed.

9.44Verification of service: At a fixed time
early in the year the Service Books should be taken up for verification by the
Head of the office, who after satisfying himself that the services of the
Government servant concerned are correctly recorded in each Service Book,
should record in it a certificate in the following form: -

"Service verified upto (date) from
(the record from which the verification is made)"

9.45 If the service cannot be wholly
verified from the records (Service Books, pay bills and acquittance rolls) of
any one office, reference shall be made to the heads of other offices in which
the Government servant has served.

9.46 If. in any particular case, it is not
possible to verify the service of a Government servant from the official
records, a statement of the Government servant in writing as to the particulars
of his service, statements in writing of other officers who were his
contemporaries in the office/department, and documents and letters not forming
part of official records may be received in evidence and the service verified
on their basis. The power to admit service under this provision can be
exercised by the authority empowered to sanction pension.

9.47 On transfer of the Government servant
from one office to another, the Head of office should record in the Service
Book the result of the verification of service with reference to pay bills and
acquittance rolls in respect of the whole period during which the Government
servant was employed under him, before forwarding the Service Book to the new
office.

9.48 (a)Verification
of service by Audit Officer: The services of a Government servant should be
got verified by the Audit office as soon as he has completed ten years service,
thereafter the next verification should be on completion of 24 years service,
i. e., in respect of the intervening 29 years, and then finally it should be
verified in respect of the period after 29 years when a Government servant is
actually due to retire. The length of the pensionable service accepted in audit
at these stages should be recorded in both the copies of Service Book of B-1 to
B-15 Government servants, with the stamp of verification duly authenticat ed.
In the case of B-16 and above, the fact of verification should appear in the
History of Service but if the History of Service is not up-to-date, the officer
concerned should be informed of the accepted length of pensionable service
through a letter.

(b)
Special measures for verification of service and computerisation of accounts. (1) In order to
deal with the existing outstanding pension cases in which the entries relating
to previous fixation of pay or verification of service are missing, it shall be
incumbent upon the last audit and account officer dealing with a pension case
to verify the same himself on the basis of the available record without
referring the case to any other audit and accounts office.

(2) The
verification of qualifying service of all Government servants should be
completed by the administrative and audit authorities concerned.

(3) The salary
accounts of the Government servants, if not computerised so far, should be
computerised immediately.

(4) The
computer slip is required to indicate up-to-date qualifying service and the
status of government servant, i. e., "temporary",
"permanent" or "substantive". These entries are considered
as duly audited.

(5) In case
any of the salary accounts remains uncomputerised the audit and account
authorities should issue an up-to-date qualifying service certificate to each
Government servant and, thereafter, such a certificate be issued every year
till the audited qualifying service is reflected in the computer pay slip. The
audit and accounts authorities should also give a certificate that valid
nomination papers regarding gratuity are held by them.

9.49 ALLOCATION OF PENSION BETWEEN DIFFERENT
DEPARTMENTS (i) The Audit
officer should take steps to obtain acceptance of allocation of pension from
the Accounts Officers of the Provincial Governments and the Commercial
Departments like Railways, Posts, Telegraph and Telephone Departments, etc., in
respect of service rendered under them and from the Military Accounts Officer
in respect of service paid from Defence Estimates.

(ii) Finalization of
pension cases shall not be held up on this account. If there is any dispute
with regard to the apportionment of pensionary liability, the matter should be
sorted out by the Audit and Accounts Officers involved.

9.50 List of officers and staff due to retire:With a view to
ensuring timely action in pension cases the visions/Departments/Offices should
maintain a list showing the dates of retirement of all their officers and staff
who are due to retire in a calendar year and review it quarterly.

9.51 Employment of officers and staff on pension work:
Depending
on the volume of work, one Section Officer or Assistant should be employed
exclusively on pension work. He should be required to make himself conversant
with pension procedures and the method of preparation of pension papers.

9.52 Observance of rules relating to grant of secured
advances:
It should be ensured all secured advances made to Government servants are
properly and adequately secured with mortgage deeds, agreements, etc., as
prescribed under the rules. It should be ensured that suitable steps are taken
at the appropriate time so as to complete the recovery of other Government dues
before the date of retirement. Officials responsible for the grant and recovery
of advances and other outstanding dues, should be warned that should an advance
or any other amount due from the Government servant be found to be
irrecoverable, due to non-observance of prescribed procedure/rules and/or
negligence, it will be liable to be recovered from those officials. If the amount
of advance* is not fully repaid, the retiring Government servant should be
asked to give his consent to any recoveries due from him being effected from
the pension/gratuity payable to him. In case, he fails to give such consent,
appropriate legal action should be taken to effect the recoveries on the basis
of the mortgage deeds executed by him at the time of drawing the advance.

9.53 Grant of un-secured advances: No unsecured
advances should ordinarily be granted to any Government servant within six months
of the date of his retirement. If any such advance or other dues are already
outstanding, these should be recovered from his pay or leave salary for six
months' period upto the date of his retirement. If, for, special reasons, it
becomes necessary to grant an advance of pay, travelling allowance etc., to any
Government servant within six months of his retirement, he should be required
to furnish security of a permanent Government servant, who is not due to retire
within one year before the advance is paid to him.

9.54 Government servants proceeding on foreign service
and recovery of leave salary and pension contribution:(i) Full particulars of the officers
and staff proceeding in foreign service must be communicated promptly to the
Audit Offices, it should be ensured that the recoveries on account of pension
and leave salary contribution in respect of officials on foreign service are
effected and accounted for by the Audit officers. Where original treasury
challans arc not available the missing credits of leave salary and pension
contribution may be adjusted either on the basis of attested/photostat copies
of treasury challans or on production of original/attested copies of
certificate of, foreign employer regarding deposit of contribution bearing number
and date of challans.

(ii) In the case of
Government servant on deputation to foreign service within Pakistan or abroad, the leave
salary and pension contributions shall be paid by the foreign employees (vide
para l(c) of the Finance Division O.M No F. 6(4)-Reg. (6)/79 dated 22nd March, 1981. No leave
salary contribution will however be recovered from Foreign Service in Pakistan
with effect from 1st July,
1982. In case of non-payment of these contributions by the foreign
employers in time, the matter will be taken up by the administrative
authorities with the foreign employer concerned, but the finalization of
pension cases shall not be held up nor shall the qualifying service of the
Government servants concerned be reduced on that account.

[Finance Division O.M No F. 5(5) R-7/79-1407
dated 15-12-1981].

9.55Close
watch by Vigilance Oficers: The Vigilance Officers should keep a close
watch over pension work in their Division as well as in the Attached Departments
and subordinate offices.

9.56 Checking of service recordsby Audit Department
and Controlling Officers: Service records of the Government
servants who are due to retire in the next one or two years should be checked
by the Local Audit Parties and by the Controlling Officers while visiting
subordinate offices. For this purpose, a list of Government servants who are
due to retire during the next two years should be prepared and furnished half
yearly to the Accountant General concerned on the 1st January and 1st July each
year.

PROCEDURE
RELATING TO PREPARATION OF PENSION PAPERS AND
SANCTION OF PENSION:

9.57 With a view to ensuring that a
retiring Government servant begins to draw his pension on the date it becomes
due, the following procedure should be followed by the authorities concerned.

(i) The Heads of
Departments (in the case of B-16 and above officers) and Heads of offices (in
the case of B-l to B-15) employees should start the preparation of pension
papers in each case one year before the expected date of retirement without
waiting for the formal application from the Government servant concerned, which
is to be submitted not earlier than six months before the date of retirement.

[Finance Division O.M No F. 5(1)-Reg. (6)/77,
dated 24-2-1977].

(ii) The Head of the
Department or office responsible for initiating the case should start filling
Sections (2) to (5) of
Part II of the working copy of the Pension Application Form C.S.R. 25 (Revised)
one year before the expected date of retirement.

(iii) Simultaneously,
with the starting of preparation of pension papers of a Government servant, the
departmental authorities should consult the records and see whether any
recoveries are due from him on account of misuse of Government funds or losses
caused to Government. If there are any such dues, early steps should be taken
to complete the recoveries of the dues before the date of retirement. If any
disciplinary action in this behalf has to be initiated, this should be done at
once, so that it may be possible to finalize the case and complete the
recoveries before the date of retirement. In case such action has already been
initiated steps should be taken to finalize it as quickly as possible so that
recoveries may be completed well in time. If any other disciplinary action is
pending, it should also be finalised.

(iv) Six months
before the expected date of retirement, the would be pensioner should be asked
to fill in and sign Part I and a fresh copy of the Form and submit it alongwith
three specimen signatures, three photographs and two sets of thumb and finger
impression on
the prescribed Form, all duly attested. The photographs and thumb and finger
impressions are not required in the case of B-16 and above officers.

(v) Part I of the
working copy should then be filled in by copying from the signed copy received
from the applicant. Similarly, Sections (2) to (5) of Part II of the signed
copy should be filled in by copying from the working copy. Section I of Part II
of both the Forms should then be filled in.

(vi)
Requests
for furnishing 'No Demand Certificate' should be made to all concerned at least
six months before the date of retirement of the Government servant. If any
demand is outstanding against the Government servant, it must be intimated not
later than 15 days after the date of retirement (which should be specified in
the request for 'No Demand Certificate'). In case the demand is not intimated
within the above time limit the finalisation of pension cases should not be
held up on that account and the Department/office which has
failed to intimate an outstanding demand by the due date should be held
responsible.

(vii) The payment of
pension should not be held up merely for want of 'NO DEMAND CERTIFICATE'. In
cases in which 'No Demand Certificate' is not available P.P.O. may be issued by
the Audit Officer concerned for payment at a Treasury subject to the production
of an undertaking, at the time of the first payment of the pension/gratuity,
-by the pensioner, or his family (in the case of his death) to the effect that
any demand coining to the notice within a period of one year after the issue of
P. P. O. would be recoverable from the pension. Failure to intimate recoveries
during this extended period should result in the amount involved being
recovered from the official responsible for the delay. If any
Government dues are found to be outstanding against pensioner within one year
from the date of issue of the P. P. O. the matter shall be referred to Head of
the Department for orders before any recoveries are actually affected from the
pensioner.

(viii)
In
cases where Government servants had retired with less than 10 years service and
were entitled to service gratuity only, it would not be possible to recover
Government dues coming to light afterwards when the gratuity had been paid to
them. The payment of such gratuity could, therefore, be made only after the 'No
Demand Certificates' have been issued by the authorities concerned. In order to
avoid hardship in such cases it has been decided that the payment of gratuity
should not be withheld for more than six months after the date of retirement.
The onus of furnishing the certificate or intimating the outstanding dues, as
the case may be, within this period will rest on the Division/Department
concerned. The outstanding dues coming to light within this period may be
recovered from the amount of gratuity which should be paid after six months of
the date of retirement without insisting on the 'No Demand Certificate' and the
responsibility for Government dues if any, coming to light thereafter should
rest with the officials responsible for the delay.

(ix) The Head of
Department or office should alert the Estate Office six months before the date
of retirement of a Government servant to bring his rent account up-to-date so
that the outstanding dues, if any, are realised before the date of retirement.
In case a retired
Government servant is allowed to continue in occupation of Government quarter
after the date of retirement, the Estate Office should ensure future recovery
of rent by obtaining personal sureties instead of withholding the 'No Demand
Certificate'.

(x) No Demand
Certificates in respect of all Government accommodations occupied by a
Government servant throughout his Service are not necessary.Such a certificate
should be necessary in respect of only the last Government accommodation
occupied by him before retirement. Any outstanding dues in respect of any
previous accommodation should be recovered from the defaulting Estate Officer.
Also a 'No Demand Certificate' should be issued yearly by the Estate Office
concerned in the case of all allottee Government servants at a particular
station.

(xi) The signed copy
of the Pension Form should be forwarded to the sanctioning authority after
filling up and signing Section (6) of Part II. The working copy may be retained
in the initiating office as an office copy.

(xii)(a) Pension
Application Form must be supported by such requisite documents as can be issued
before the actual date of retirement. In case of Invalid Pension, invalidity
certificate should be enclosed in original. Documents which cannot be issued
till the date of retirement such as the Last Pay Certificate and the No Demand
Certificate should be sent afterwards separately.

(b)
Last Pay Certificate.
It shall be mandatory for the drawing and disbursing officers and audit and
accounts authorities to issue Last Pay Certificate within 15 days of the date
of retirement of a Government servant.

(xiii) Where a
Government servant is deceased and family pension is payable to the widow or
other claimants, the following documents have to be sent alongwith the Pension
Application Form:

(a)
Application (in original) from the widow/claimants.

(b)
Death Certificate (in original).

(c)
Postal Address (3 copies).

(d)
List of surviving members (3 copies).

(e)
Specimen signatures of widow/claimant(s).

(f)
Thumb and finger impressions of the widow/claimant.

(g)
Non employment certificate (3 copies).

(h) A certificate
to the effect that the widow had not judicially separated from her husband (3
copies).

(i) A certificate
that the widow had not re-married after the death of her husband.

(xiv) The
sanctioning* authority should fill in Section (7) of Part II of the Form. The
full pension admissible under the rules is not to be given as a matter of
course, unless the service rendered has been really approved. If the service
rendered has not been thoroughly satisfactory, the authority sanctioning the
pension/gratuity should make such reduction in the amount of pension/gratuity
as it thinks proper. However no reduction in the amount of any pension can be
made without affording to the person concerned, by means of a notice in
writing, an opportunity to show cause against the proposed reduction.

(xv) After
completion of Section (7) of Part II of the Form the sanctioning authority
should send the Form to the Audit Office, alongwith a forwarding letter. In
regard to preparation of pension papers of Government servants on deputation to
other Departments it has been decided that those of a temporary employee may be
prepared by the borrowing Ministry/Department, but in the case of a permanent
employee the papers have to be prepared by the Ministry/Division/
Department/Office in which he held a substantive appointment. Likewise the
Audit Office dealing with the borrowing Department, in which the temporary
employee was serving will finalise the pension case and in the case of a
permanent Government servant the pension case will be finalised by the Audit
Office in whose jurisdiction falls the Government/Ministry/ Department in which
such a Government servant holds a permanent post in a substantive capacity.

(xvi) The Audit
Officer, after scrutinizing Part I and Part II and arriving at his own findings
about the correct length of qualifying service and the amount of Pension and
Gratuity admissible, record a gist of his findings from his working papers into
Part III of the form.

(xvii) The Audit
Officer should issue the Pension Payment Order in cases where all necessary
documents/informations are available with him, a fortnight before the expected
date of retirement.

(xviii) When the
preparation of a pension case is started a Progress Sheet in the following form
should be attached with it showing the dates by which specific action should be
completed. This sheet should move with the pension case from the administrative
authority to the Audit office and should be returned to the administrative
authority after the final Pension Payment Order has been issued. The return of
the Progress Sheet should be watched by the administrative Ministry/ Department
and on its receipt back it should be examined at the level of Deputy Secretary
in the case of B-l to B-15 staff and Joint Secretary in the case of B-16 and
above view to finding whether any delay has taken place.

9.58 Progress Sheet for pension cases:

1. Name of retiring Government servant.

2.
Post held.

3.
Date of birth.

4.
Expected date of retirement.

Action

Due date

Initiated on

Completed on

5. Initiate preparation of
pensionpapers.

6. Checking of records to sec whether any recoveries of Government
dues are outstanding.

one year
before expected date of retirement

7. Obtaining of formal Application for pension from would
be pensioner.

8. Request for furnishing 'No Demand Certificate’

9. Writing to Estate Office to bring rent account
up-to-date.

Six months before expected date of retirement

10. Finalisation of pension papers in administrative
departmem and their submission to Audit Office.

At least three months before the expected date of retirement,

11. Issue of pension payment order.

Fortnight before the expected date of retirement

9.59 This Progress Sheet should move
with the pension papers of the individual concerned and be returned to the
administrative authority after Pension Payment Order has been issued where
observations of Head of Department/D.S./J.S. should be recorded.

STEPS RELATING
TO PREPARATION AND DISPOSAL OF AN
ORDINARY PENSION CASE:

9.60 One year before the dale of retirement.

STAGE
I

(i) The office
responsible for initiating the case starts filling up of working copy of the
Pension Application Form.

(ii) Checks records
to sec whether any recoveries of Government dues are outstanding.

(iii) Attach a
Progress Sheet showing the dates by which specific action is required.

(v) On receipt of
the Pension Payment Order, the disbursing officer should deliver one-half to
the pensioner, and keep the other half carefully in such a manner that the
pensioner, cannot have access thereto. All payments should be entered on both
the halves and attested by the disbursing officer. (Art 943 C.S.Rs)

A pensioner can
draw his pension from a District Accounts Officer, Treasury/Sub-Treasury or any
branch of the National Bank of Pakistan.

(vi)
Payment of pensions by Money Orders. Small pensions upto Rs. 500 per mensum
can be drawn-by pensioners at their option and expense through postal Money
Orders, pensioners drawing up to Rs. 30 per mensum are allowed to draw their
pensions at Government expense through postal money orders.

(vii)
Personal appearance of pensioners and payment through life certificate. As a rule, a
pensioner must take payment in person after identification by comparison with
the Pension Payment Order. A pensioner specially exempted by the Government
from personal appearance, or a female pensioner not accustomed to appear in
public, or a male pensioner who is unable to appear in public in consequence of
bodily illness or infirmity, may receive his or her pension upon the production
of a LIFE CERTIFICATE signed by a
responsible officer of Government or by some other well-known and trust worthy
person. A pensioner of any description, who produces a life certificate signed
by some person exercising the powers of a Magistrate under the Criminal
Procedure Code, or by any Registrar or Sub-Registrar under the Registration
Act, or, by any pensioned officer who before retirement held a B-16 and above
appointment or exercised the powers of a Magistrate or by a Munsiff, or by any
person holding a Government title, is also exempted from personal appearance.
In all such cases the disbursing officer must take precaution to prevent
impositions and must, at least once a year, require proof independent of that,
furnished by the life certificate, of the continued existence of the
pensioner.(Art. 944, 945, 946 and 947 C.S. Rs)

(viii)Drawal of pensions through Agents. A
pensioner of any description, resident in Pakistan is exempted from personal
appearance if he draws his pension through a duly authorised agent approved by
Government who must execute a bond to refund overpayments and produce at least
once a year a life certificate signed by any of the persons authorised in para
(vii) above. Such pensions should not be paid on account of period of more than
a year after the date of life certificate last received and the
Accountant-General and the disbursing officer should be on the watch for
authentic information of the deceased of any such pensioner and on receipt thereof
should promptly stop further payment. (Art.949 C. S. Rs)

(ix)
Drawal of pensions by pensioners not residing in Pakistan. A pensioner not
residing in Pakistan may draw his pension at any Treasury in Pakistan, any
branch of the National Bank of Pakistan through a duly authorised agent who
must either produce a certificate by a Magistrate, a Notary Public or a Banker
or the Head of a Pakistan Mission abroad or a gazetted officer duly authorised
by him on each occasion, that the pensioner was alive on the date to which his
pension is claimed, or execute a bond to refund overpayments and produce such
certificate at least once a year.[Art. 949 C.S.Rs read with Ministry of Finance
O.M No. F. 3(9) IF. IX/77-66, dated 13-8-1977]

(x)
Certificate of non-employment. A pensioner is required to append to
his bill a certificate as follows:-

"I declare
that I have not received any remuneration for serving in any capacity, either
under Government or under a Local Fund during the period for which the amount
of pension claimed in this bill is due".

Note:- In the
case of a pensioner permitted to draw pension after re-employment, this
certificate should be modified according to facts (Art. 953 C.S.Rs)

(xi)
Arrears of pension. There
is now no restriction for the drawal of pension, if it falls into arrears. The
arrears may be paid by the disbursing officer without any reference to the
audit office or the pension sanctioning authority.

[Finance Division O M No F. 5(I)-Reg.
(6)/77. dated 21-2-1977].

(xii)Arrears payable to heirs of pensioners.On
the death of pensioner payment of any arrears actually due may be made to his
heirs provided that they apply within one year of his death. It cannot be paid
thereafter without the sanction of the authority by whom pension was sanctioned,
to be obtained through the Accountant-General.If, however, the arrears do not
exceed Rs.100/- and the case presents no peculiar feature, the
Accountant-General is empowered to pass the arrears on his own
authority.(Art.961, C.S.Rs)

(xiii) If a Government
servant not governed by the pension-cum-Gratuity Scheme, 1954, dies before
actually retiring or being discharged, his heirs have no claim to anything in
respect of his pension.

(xiv)
Future good conduct as condition of payment. Future good conduct is an implied
condition of every grant of pension. The Government reserves to themselves the
right of withholding or withdrawing a pension or any part of it, if the
pensioner be convicted of serious crime or be guilty of grave misconduct. The
decision of the President on any question of withholding or withdrawing the
whole or any part of a pension shall be final and conclusive. (Art.351 C.S.Rs)

(xv)
Taking part in elections and politics. Except with the previous sanction of
the Federal Government, no pensioner shall, within a period of two years from
the date of his retirement, take part in any election or engage in political
activity of any kind. The contravention of this provision shall be deemed to be
a grave misconduct. (Art 351 C.S.Rs)

(xvi)
Commercial employment after retirement If a pensioner who immediately before
retirement was member of any of the All Pakistan Services including the Foreign
Service, or of any Central Superior Civil Service, or a Central Service Class-I
or a Central Class-II Gazetted Service, or a holder of a Class-II Gazetted
post, wishes to accept any commercial employment before the expiry of two years
from the date of his retirement he should obtain the previous sanction of the
President for this. No pension shall be payable to a pensioner who accepts
commercial employment without such sanction, in respect of any period for which
he is so employed or such longer period as the President may direct. A
Government servant permitted by the appropriate authority to take up a
particular form of commercial employment during his leave preparatory to
retirement shall not be required to obtain subsequent permission for his
continuation in such employment after retirement.

Note-Commercial
employment means employment of any capacity including that of an agent under a
company, firm or individual engaged in trading or in a commercial, industrial,
agricultural, financial or professional business, and includes also a
directorship of such company and a partnership of such firm [Art. 531-B
CSRs?Ministry of Finance Notification No. F. 1(8) RI/65, dated 25-8-1969],

(xvii)Attachment of pensions. No pension
granted or continued by Government on political consideration, or on account of
past service or present infirmities or as a compassionate allowance and no money
due or to become due on account of any such pension or allowance, shall be
liable to seizure, attachment or sequestration by process of any Court in
Pakistan, at the instance of a creditor, for any demand against the pensioner
or in satisfaction of a decree or order of any such Court. (Rule 5 under Art.
943 C.S.Rs)

(xviii)
Agreements for recovery from pensioners. All assignments, agreements, orders,
sales and securities of every kind made by the person entitled to any pension,
pay or allowance mentioned in Para (xvi), above in respect of any money not
payable at or before the making thereof, on account of any such pension, pay or
allowance, or for giving or assigning any future interest therein, are null and
void. (Sec. 12 Act XXIII of 1871)

(xix)Recovery from pension on account of loss.The
President has got the full right to order the recovery from the pension of an
officer of any amount on account of losses found in judicial or departmental
proceedings to have been caused to Government by the negligence or fraud of
such officer during his service. (Art. 351-A C. S. Rs)

9.62 Payment of pension abroad: (i) A
pensioner is entitled to receive his pension in sterling for the period of his
residence outside Pakistan.
The term 'residence' includes temporary visits abroad. For this purpose the
pensioner has to intimate to the Audit Officer concerned in advance that he
intends to proceed abroad with effect from.....................................in
connection with........................and his period of stay will be
approximately.......................... On receipt of the information the Audit
office will authorise the payment of pension in Sterling
through the State Bank of Pakistan
for the period as intimated by the pensioner or for the period of his actual stay
whichever is less. This authorization will, however, be subject to the
availability of foreign exchange.

(ii) A pensioner
domiciled in Pakistan
who retired on or after the
18th September, 1969, and acquires the Citizenship of another
country, shall, from the date of his acquiring such Citizenship, cease to draw
his pension in foreign currency.

(iii) Consequent upon
the devaluation of Pak. rupee the pensions determined, under the Revised
Pension Rules, 1966 will be converted into Sterling at the new official rate of exchange
prescribed on the devaluation of Pak. rupee. This will apply to all payments
made on or after the date of devaluation of Pak. rupee irrespective of the
period to which they relate.

(iv) The payment of
pension in Sterling
in the case of the pensioners who do not fall within the purview of Revised
Pension Rules, 1966, or who have elected to retain the pre-1966 pensionary
benefits would continue to be governed by the provisions of Art. 934 C. S.R or
Art 983 C.S.R. as the case may be, read with Paras 3 & 4 of President's
Order No. XIV of 1959 [President's Order No. XIV of 1959, dated the 24th
August, 1959 as amended vide Ordinance No. III
of 1981 dated 24-1-1981,
Ministry of Finance O. M. No. F. 8(5) RI/59, O. M. No. F. 5(5)-RI (RWP)/62, dated
the 26th May, 1962,
Notification No. F. 4(3)-R6/69, dated the 18th September, 1969 and O. M. No. F
6 (22)-Reg (6)/72, dated the
8th
September, 1972].

(v) The following
procedure shall be adopted for drawal of pensions by the Pakistani pensioners
who want payment of their pension being made through Pakistan Mission abroad.
Such pensioners can be placed in the following three categories: -

(i) Federal
Government Pensioners (Civil).

(ii) Federal Government
Pensioners (Defence),

(iii) Provincial
Government Pensioners.

A Pakistani
pensioner belonging to any of these three categories desiring to draw pension
through a Mission abroad, should approach his Audit Officer for this purpose
and the Audit Officer will provide the requisite funds in the Assignment Account
of the Ministry of Foreign Affairs together with necessary foreign exchange.

The Chief
Accounts Officer, Ministry of Foreign Affairs, on receipt of requisite funds in
the Assignment Account and the Payment Authority from Account Office concerned
will arrange payment to the pensioner through the missions concerned. The
provision for pension payments in the account circle of the respective Account
Office shall continue to be made as at present in respect of all the three
categories of pensioners mentioned above.

The mechanism in
the Accounts Offices concerned shall be that the Accounts Officers concerned
shall forward both halves of the existing P. P. O. of the pensioner to the
Chief Accounts Officer, Foreign Affairs with a sealed letter of authority for arranging
payment through the mission concerned. The Chief Accounts Officer, Foreign
Affairs will record on the P. P. O. an endorsement showing name of the mission
where pension is to be paid and then forward both the halves of the P. P. O. to
the mission concerned. The pensioner will be advised to contact the mission and
receive his own copy of the P.P.O. for getting monthly payment.

RE-EMPLOYMENT
OF PENSIONERS:

9.63 (i) No Government
servant may retire with a view to being re-employed, and drawing pension in
addition to pay, whether in the general service or in the service of any Local
Fund.

Note. The
expression Local Fund denotes revenue administered by bodies which by law or
rule having force of law come under the control of Government whether in regard
to the proceedings generally, or to specific matters such as the sanctioning of
their budgets, sanction to the creation or filling up of particular
appointments the enactment of leave, pension or similar rules, and the revenue
of any body which may specially notified by the Government of Pakistan as-such.
(Art. 509-A C.S.Rs)

(ii) When a
pensioner obtains re-employrnent under Government or in the service of a Local
Fund he should declare to the appointing authority the amount of any gratuity,
bonus or pension granted to him in respect of the previous employment. The
authority re-appointing the pensioner should specifically state in the order of
re-employment whether any deduction is to be made from pension or salary.

Note. A wound or
other extraordinary pension and a wound or injury or disability pension or a
disability addition to pension awarded under the military rules shall continue
to be drawn by a retired Government servant, civil or military, during
re-employment or ontinued employment, and shall be subject to the conditions of
its award. (Arts. 510, 510-B. C.S.Rs)

(iii) Since statutory
public bodies such as the Pakistan Industrial Development Corporation, the
Karachi Development Authority etc. come under the control of the Government
either in regard to proceedings generally or to specific matters and the
revenue administered by them constitutes 'Local Fund' the rules relating to the
re-employment of Government pensioners in the service of 'Local Funds' are
applicable to the pensioners re-employed in all autonomous public bodies
constituted by law.

[Finance Division O.M No F. 7(3) Rl
(RWP)/61, dated 10-5-1961].

9.64 Fixation of pay of re-employed
pensioners:
The following general principles should be observed in fixing the pay of
retired Government servants re-employed under the Government of Pakistan,
Autonomous Bodies and Public Limited Companies in which Government holds
controlling shares:-

(a) Where the new
post carries a fixed pay, he should be allowed the pay of that post less
pension.

(b) Where the
new post carries a time-scale of pay: -

(i) If the
substantive pay last drawn by the officer before retirement was less than the
minimum of the scale of the new post he should be allowed the minimum of the
scale less pension.

(ii) If the
substantive pay last drawn was more than the minimum of the scale but less than
the maximum of the scale of new post, his pay should be fixed at the stage in
the scale corresponding to the pay last drawn or if there be no such stage, at
the next lower stage in the scale. From the pay so fixed the amount of pension
should be deducted.

(iii) Where the
substantive pay drawn immediately before retirement was more than maximum of
the scale of the post in which the officer is employed, his pay may be fixed at
the minimum of the scale of the post in which he is re-employed and he may be
allowed to draw his pension in addition to the pay so fixed subject to the
condition that the initial pay fixed phus the amount of pension does not exceed
the substantive pay drawn by him immediately before retirement. Once the pay is
so fixed he will be entitled to draw increments in the scale of the post
provided that the amount of pay (including increments) plus pension does not,
at any stage, exceed the substantive pay drawn before retirement.

(c) A
re-employed Government servant should earn increments in all cases where pay
has been fixed in a scale at a stage a lower than the maximum.

(d) In
case a re-employed pensioner is promoted to a higher post, his pay should be
fixed in such a manner as if he was a serving officer with the difference that
from the pay so determined the pension would be deducted.

(e) In a case
where officiating pay higher than the substantive pay was drawn for a
continuous period of 3 years or more immediately before retirement, the
officiating pay drawn before may be treated as substantive pay for the purpose
of those orders.

(f) These
principles should also be followed in case of appointments to statutory posts
as those of Governors, Speakers, Ministers etc. A retired official appointed to
any statutory post should draw the pay of the post less the amount of pension
drawn by him.

(g) The pay of
the retired military personnel re-employed in civil posts may also be fixed in
accordance with the above principles. In their case substantive pay shall also
include the following elements; provided that they were drawn before
retirement/release/leave/leave pending re-retirement for a continuous period of
three years or more:-

(i) Command/Staff/Charge
Pay.

(ii) Instructional
Pay.

(iii) Qualifications
Pay.

(iv) Disturbance
Pay

(h) The word
'Pension' wherever used in these orders means pension before communication
and/or surrender.

9.65 Fixation of pay of retired Government servants
including Military Officers re-employed under the Government and in autonomous
bodies: The
re-employment and re-employment pay of retired Government servants in civil
posts under the Federal Government and the autonomous bodies should be
regulated in accordance with the following principles:-

(I)
POST ON WHICH RE-EMPLOYMENT IS MADE:

(i) Re-employment
of retired civil servants should be made in posts equivalent to substantive
posts or temporary posts if held for one year by the Government servant before
retirement.

(ii) In the case of
Officers of Armed Forces, re-employment should be made on contract in
accordance with the instructions contained in the Establishment Division O. M.
No. 14/5/78-D. III, dated 10-2-1980 in
case of civil posts and in the light of orders issued in pursuance of the
Establishment Division No. 14/5/78-D. III
dated 11-2-1980
in the case of autonomous bodies. The equivalent civil post should be
determined according to the equivalence formula approved by the President. (Para 9.81)

(II)
PAY ON RE-EMPLOYMENT UNDER CLAUSE (I) ABOVE:

(i)(a) When a retired civil servant is
re-employed under Federal Government after superannuation or after completion
of 30 years pensionable service, his initial pay should be fixed at the minimum
of the pay scale of the post in which he is re-employed.

(b) When a
retired civil servant is re-employed under the Government owned/controlled
autonomous/semi-autonomous bodies and corporations after superannuation or
after completion of 30 years pensionable service, the initial pay of such a Government
servant should be fixed at the minimum of the scale of pay of the post in which
he is re-employed.

(c) A
re-employed Government servant would earn increments under normal rules.

(d) In
addition to pay, as indicated in Clause (a) and (b) full pension will be
admissible to the re-employed civil servant

(ii) When a retired military officer of the
rank of Major/equivalent and above is re-employed under Federal Government or
under an autonomous body in accordance with clause (I) (ii), his pay may be
fixed at the minimum of the equivalent grade in which re-employment is made and
in addition, full service pension as admissible under the rules will be paid.
The pay scale of the post will for this purpose be determined with reference to
the equivalence formula mentioned in Clause (I) (ii).

(iii) The pay of retired Government servants other
than those covered by I & II should be fixed in accordance with the
Ministry of Finance O.M. No. F. 47 Reg. 7, 72, dated 1-1-1973 referred to in Para
9. 79 as amended from time to time.

9.66 Existing re-employed retired civil
servants may opt to be governed by the existing rules/orders or by the revised
orders. Where such a government servant opts to be governed by the revised
orders, his initial pay should be refixed at the minimum of the scale of the
post held by him with effect from the 1st of the month in which option is given
and pension may be allowed in addition as provided in part (II) (i) above.

9.67 Existing retired officers of the Armed
Forces of the rank of Major/ equivalent and above who were re-employed in civil
posts for a specified period may opt either to be governed by their existing
terms and conditions or by the revised orders. Where such re-employed officers
opt to be governed by the revised orders, they will be brought on the revised
terms and conditions with effect from the 23rd December, 1979 on which date the
President was pleased to approve the scheme published vide Establishment
Division O. M. No. 14/5/78- D. II, dated 10-2-1980. From that date, their re-employment
would be converted into re-employment on contract on the terms and conditions
laid down in the O. M.of 10-2-1980
for the remaining term of their re-employment or for a period of 3 years,
whichever is less. Their pay will be refixed at the minimum of the scale of the
post held by them w. e. f. 23-12-1979, and if the pay so fixed plus pension is
less than pay received by them immediately before 23-12-1979, the difference
may be allowed as personal pay to be absorbed in future increase of pay.

9.68 The option will be submitted to
the Audit Officer concerned under advice to the Ministries/Divisions,
Departments or offices administratively concerned.

[Finance Division O.M No F. 4(4)-Reg.
7/78. dated 20-3-1980]

Note.-In the
case of re-employment against a post in an autonomous/semi-autonomous body or
Corporation included in Management Grades 3 vide Finance Division O M. No F
6(27)-lmp. 1/79 dated the 30th April. 1981 and appointment to which is, by law,
required to be made, and the salary of which is required to be fixed, by the
Federal Government, the re-employed officer. Civil or Military will be entitled
to draw minimum of the rank/grade from which he has retired. In addition he
will be entitled to pension and perquisites attached to the management posts
concerned.

9.69 The following will be the
"principle of equivalence" between the ranks held in the Defence
Services with appointment in Basic Pay Scales.

Defence
Service Rank

Appointment
in Basic Pay Scales

Major General and equivalent.

B-21
or 22 at the discretion of the Government

Brigadier and equivalent.

B-20

Colonel
and Lt. Colonel (with 18. to 20 years commissioned service) and equivalent.

B-19

Major and equivalent.

B-18.

Captain
and equivalent and Lt. and 2/Lt. and equivalent

B-17

[Establishment Division O. M No 16/4/79-AV. dated 8-8-1979].

9.70 A Government servant who has obtained a
compensation gratuity, if re-employed in qualifying service may either retain
his gratuity in which case his former service will not count for future
pension, or refund it and count his former service. The intention to refund
must be made immediately on re-employment but the refund may be made by monthly
instalments of not less than one third of the Government servant's salary and
also not less than the whole gratuity divided by the number of months which
have elapsed since the end of the service for which the gratuity was given. The
right to count the previous service does not revive till the whole amount is
refunded. (Art. 511,512 C.S.Rs)

9.71 A Government servant who has
obtained a compensation pension, if re-employed may retain his pension in
addition to his pay subject to the condition that his initial pay on
re-employment plus pension does not exceed his substantive pay at the time of
discharge. Such a government servant is entitled to receive the benefits of
increments in his new scale on promotion to another scale or post without a
further corresponding reduction in pension. In case of a pensioner re-employed
in either a permanent or temporary appointment for bona
fide temporary duty lasting for not more than a year, the Government, or where
the pension does not exceed Rs. 200 a month, the officer who controls the
establishment on which the pensioner is to be re-employed, may allow the
pension to be drawn in whole or in part even though the sum total of pay and
pension exceeds his substantive pay at the time of his discharge.

In the case of
re-employment under a Local Fund, no deduction is made from a Compensation
Pension.

The Government
of Pakistan may permit a Government servant who has obtained a Compensation
Pension and is afterwards re-employed in a permanent or temporary appointment
duly sanctioned by competent authority to draw his pension in addition to the
pay and allowances of the appointment irrespective of the period of such
re-employment.

If the pension
of a person does not exceed Rs. 200 a month, it will not be taken into account
in fixing his pay and allowances and, in case of a formerClass-III employees or Government servants in B-l, 2 or 3
where the amount of pension exceeds, of Rs. 200 a month, only so much of such
pension as is in excess of Rs. 200 a month will be taken into account in fixing
his pay and allowances (Art. 514 C.S.Rs).

9.72 A Government servant who is in receipt
of superannuation or retiring pension will not be re-employed or continue to be
employed in service paid from General Revenues or from a Local Fund, except on
public grounds. In case of re-employment of such a pensioner, the authority
competent to fix the pay and allowances of the appointment should determine
whether the pension should be held in abeyance wholly or partly. Where the
powers of re-employment have not been delegated to the Head of Department the
pensioner on re-employment may not be allowed to draw full pension in addition
to the full pay of the post except when the re-employment or continued
employment is for bona fide temporary duty lasting for not more than a year or
the pension does not exceed Rs. 200 a month. In case the powers have been
delegated to any other authority such authority may not allow the pensioner to
draw, in full, a pension of more than Rs. 200 a month in addition to the full
pay of the post.

9.73 If the military pension of a
person does not exceed Rs. 200 a month, it shall not be taken into account
while fixing his pay and allowances on re-employment in the Civil Department
and in the case of Junior Commissioned Officer and other ranks where the amount
of pension exceeds Rs. 200 a month, only so much as in excess of Rs. 200 shall
be deducted from his pay and allowances in the Civil Department.

[Finance Division Notification No. 6(2)-R6/69.
dated 30-9-1969].

9.74 A Civil Servant who is re-employed
after or continues to be reemployed beyond the age of 60 years is allowed to
draw his pension in addition to the pay of the post.

9.75 To ensure that his pension case is
finalised expeditious and he begins to draw his pension on the date on which it
becomes due, every Government servant must keep in mind the following points: -

(i) To ensure that
his Service Book is maintained in duplicate and every step of his official life
is recorded therein.

(ii) To see that his
service is verified annually and the fact is recorded in the Service Book.

(iii) To see that on
completion of 10 and 24 years of qualifying service by him, verification
thereof is done by the Audit Officer concerned, and an entry to this effect is
made in the Service Book/ History of Services (in case of B-16 and above or in
its absence intimation of accepted length of pensionable service is received by
him through a letter).

(iv) To obtain, in
case of his residing in Government accommodation, a 'No Demand Certificate' in
respect of that accommodation annually, from the Estate Officer concerned.

(v) To see that in
case of his having served under different Governments necessary allocation of
pension has been made where required, by the Audit Officers concerned.

(vi) To see that for
the period of his deputation in foreign service, leave salary and pension
contributions have been recovered from the borrowing Government/Organization
and adjustment carried out.

(vii) To ensure that
necessary nominations in Form 'A' or 'B' as the case may be, have been made by
him under Pension-cum-Gratuity Scheme, 1954, and are on record with the
administrative officer concerned or with the Audit Officer in case of B-16 and
above.

(viii) To check up
that the preparation of his pension papers is started one year before the
expected date of his retirement.

(ix) To settle with
the administrative authorities and the Audit Officer concerned, all issues
relating to Government dues outstanding against him within one year before his
retirement.

(x) To submit his
pension application alongwith three specimen signatures, three photographs and
two sets of his thumb and finger impressions on the prescribed form, six months
before the date of his retirement. (No photographs and thumb and finger
impressions are required in case of B-16 and above.

(xi) B-16 and above
Government servant should see that his 'History File' is maintained by his
office and 'History of Services' is correctly published by the Audit Officer
concerned.

ANNEXURE

(SEE PARA 9.34)

PART I

CLASSIFICATION OF DISABILITY

CLASS 'A':

1.
Loss of a hand and a foot or loss of use of two or more limbs.

2.
Total loss of eye-sight.

3.
Total loss of speech.

4.
Total deafness both ears.

5.
Paraplegia or hemiplegia.

6.
Lunacy.

7.
Very severe facial disfigurement.

8.
Advanced cases of incurable disease.

9.
Wounds, injuries or diseases resulting in a disability due to which a person
becomes incapacitated.

10. Emasculation.

Note. Wounds,
injuries or disease of limb resulting in damage of nerves, joints, or muscles
making the whole of limb useless would mean loss of that limb. Cases in which a
partial function is retained will not be included in this class.However if the
partial retention of function does. not help in walking in case of leg or does
not help in holding an object even with partial efficiency, it should be
considered as total loss of function. Those cases will also be included in this
class where the earning capacity of the civil servant has been totally impaired
due to the invaliding disability.

CLASS 'B':

1.
Loss of thumb or at least three fingers of hand.

2.
Partial loss of one or both feet at or beyond tarsometatarsal joint.

3.
Loss of vision of one eye.

4. Loss of all toes of one or both feet.

CLASS 'C:

1.
Limited restriction of movement of joint due to injuries.

2.
Disease of a limb restricting performance of duties.

GENERAL NOTE:

When the wound,
injury or illness causing the disability is not included in the above schedule,
the disability will be assessed by the Medical Board at the classification most
closely corresponding to those given above.

PART II

PRINCIPLES AND
PROCEDURE FOR DETERMINING

ATTRIBUTABILITY TO SERVICE OF DISABILITY

(A) CASUALTIES DUE TO WOUND OR INJURY:

(1) It should
be established in such cases that the cause of the casualty was the result of
duty in service.

(2) Where the
injury resulted from the risk inherent in service attributability will be
conceded.

(3) An
individual is on duty for 24 hours of the day except when on leave other than
casual leave.

(4) An
individual will be deemed to be in the performance of duty when

(i) he is physically
present in his headquarters;

(ii) he is
travelling on leave at Government expense;

(iii) when travelling
to or from duty (e. g., from residence to place of
duty and back but not whilst he is in his residence);

(iv)
whilst
travelling on duty i. e., where it is established that but for the
duty he would have not been travelling at all.

(5)
Disability resulting from purely personal acts as shaving or similar
private pursuits would not normally be treated as attributable to service.

(6)
Disability resulting from violence provoked by performance of duty
will be viewed as attributable to service unless the circumstances of the case
warrant a different conclusion.

(7) If
circumstances arc such that service played no part in the causation of
disability, attributability will not be conceded.

Illustration If a person
driving a motor cycle etc., on duty, collides with a truck the injury received
may be attributed to service but if he is out for a walk and sustains injury
from a passing truck, his case will not qualify for the concession.

(B) CASUALTIES DUE TO DISEASE:

(a) The cause
of disability resulting from a disease will be regarded as attributable to
service only when it is directly due to risks which may be regarded as peculiar
to the circumstances of duty in service. In determining attributability in such
cases due regard should be paid to the question whether service in a particular
region, or of a particular type involved exposure to exceptional risk of
contraction of, or infection by, a disease, as well as to the actual
circumstances of the case.

(b) Attributability
will not be conceded, if, though contracted during the period of actual
performance of duty, the disease is, in the opinion of the medical authorities
concerned, due to risks which cannot be regarded as peculiar to suchduty in
service.

(c) Where a
disease or its aggravation resulted from the risk of duty
attributability/aggravation will be conceded.

(d) All cases
of tuberculosis and bronchial asthma will be accepted as attributable to or
aggravated by service where the medical opinion is in favour of the acceptance.

(e) Attributability/aggravation
in all cases of Cardiac disease will be determined in accordance with the
guidelines mentioned at the end of this part.

(f) Where medical
or other supporting documents arc incomplete, cases will be dealt with on
merits with due regard to medical opinion and other evidence.

GUIDELINES FOR
DETERMINING ATTRIBUTABILITY/AGGRAVATION IN CASES OF CARDIAC DISEASES 1 There are many
pre-disposing factors which may precipitate an attack of coronary occlusion. No
single factor can be pin-pointed as being responsible for such an attack. It
is, therefore, not easy to lay any hard and fast rule for awarding attributability/aggravation
in such cases. For the guidance of medical and administrative authorities some
of the factors which may precipitate the attack of heart disease are enumerated
below:-

(a) Physical
exertion.-Coronary
occlusion is known to have precipated during or immediately following physical
exertion. Physical exertion may not necessarily be of an unusual character, i.
e., lifting of a heavy bundle, pushing a stalled vehicle or an up-hill climbing
have in many instances been followed by an attack of Coronary occlusion. The
effects of exertion are worse if the individual is unduly fatigued, has lack of
sleep or is under emotional stress.Attributability will be conceded if a person
under-going stress and strain, pressure and counter-pressure by virtue of the
nature of his duties, develops psychiatric problem.

(b) Emotional
strain.
The occurrence of Coronary disease in person who had been under an un-usually
severe and protracted emotional strain points to a probable relationship
between the two. Separation from families, uncongenial atmosphere, frequent
moves, all add to mental strain and psychological trauma.

2. The question of
attributability/aggravation of heart diseases on occurrence in otherwise a
normal individual who is subjected to the above mentioned factors will,
therefore, have to be considered and decided in the light of known history and
merits of each case.

3. While dealing with such cases due precaution will be
exercised by all concerned to carefully bring out detailed merits of the case
as award of attributability/aggravation depends on their candid opinion

I am sorry to say that the Finance Division Pension Rules are reproduction of orders most of which since stand superseded and many orders and definitions currently in practice are missing. The language is poor and at places grammatical mistakes. These do not meet the present day requirement of pension branch in AGs offices or the individual pensioners governed under the latest and revised orders. . I don't see any purpose in repeating pension orders in archive.

i retired from govt. service in may 2015. While i was in service, the department did not gave me the seniority and my junior was promoted instead of me. can i claim my seniority after retirement for financial benefits, under the rules.